Stubblefield v. Steele
MEMORANDUM AND ORDER re: 3 MOTION to Appoint Counsel filed by Petitioner Keith L. Stubblefield motion is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 6/21/17. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
KEITH L. STUBBLEFIELD,
STATE OF MISSOURI,
Case No. 4:17CV00102 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s motion for appointment of counsel,
For the following reasons, the motion will be denied.
“There is no constitutional or statutory right to appointed counsel in civil cases.”
Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (internal citation
“Rather, when an indigent prisoner has pleaded a nonfrivolous cause of
action, a court may appoint counsel.” Id.
“The relevant criteria for determining whether
counsel should be appointed include the factual complexity of the issues, the ability of
the indigent person to investigate the facts, the existence of conflicting testimony, the
ability of the indigent person to present the claims, and the complexity of the legal
After considering these factors, this Court finds that the factual and legal issues are
not complex, plaintiff has the ability to use written discovery to investigate his case, and
plaintiff’s pleadings indicate his ability to state his claims and legal arguments. The Court
finds, therefore, that the appointment of counsel is not warranted at this time. The Court
will continue to monitor the progress of this case, and if it appears to this Court that the
need arises for counsel to be appointed, the Court will do so.
IT IS HEREBY ORDERED that plaintiff=s motion for appointment of counsel
(ECF 3) is DENIED without prejudice.
Dated this 21st day of June, 2017.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?